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a.

Dominant Majority Party – usually the administration party; entitled to a copy


of election return
Election LAW b. Dominant Minority Party – entitled to a copy of election return
c. Majority Political Party
 Embodiment of the popular will, the expression of the sovereign power of the d. Top 3 Political Parties – entitled to appoint principal watcher and a copy of the
people. certificate of canvass
e. Bottom 3 political parties – entitled to appoint principal watcher
Components
2) Non-registered parties
 Choice or selection of candidates to public office by popular vote
 Conduct of the polls Criteria to Determine the Type of Political Party
 Listing of votes
 Holding of Electoral campaign a. Established Record of the said parties, showing in past elections
b. Number of Incumbent Elective Officials
 Act of casting and receiving the ballots from the voters
c. Identifiable political organizations and strengths
 Counting the ballots d. Ability to fill a complete slate of candidates
 Making the election returns e. Other analogous circumstances
 Proclaiming the winning candidates
Grounds for Challenging the Voter
Regular election – refers to an election participated in by those who possess the
right of suffrage and not disqualified by law and who are a. Illegal voters ( Not Registered / Using the name of another / disqualified )
registered voters b. Based on certain illegal acts (Vote buying)
Special election – is when there is failure of election on the scheduled date of
regular election in a particular place or which is conducted to
fill up certain vacancies, as provided by law Acquisition of Juridical Personality

It is acquired upon registration with the COMELEC.


Political Parties
Forfeiture of Status as a Registered Political Party
Definition (Omnibus Election Code)
The status shall be deemed forfeited if the political party, singly or in coalition with
An organized group of persons pursuing the same ideology, political ideas others, fails to obtain at least 10% of the votes cast in the constituency in which it
or platforms of government including its branches and divisions. nominated and supported a candidate/s in the election next following its
registration. There shall be notice and hearing.
Types of Political Parties
Candidates
1) Registered Parties:

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Rules on filing of certificates of candidacy A. Given money or other material consideration to influence, induce or
corrupt the voters or public officials performing electoral functions.
1. No person shall be elected into public office unless he files his certificate of B. Committed acts of terrorism to enhance his candidacy
candidacy within the prescribed period C. Spent in his election campaign an amount in excess of that allowed by the
2. No person shall be eligible for more than one office. If he/she files for more Omnibus Election Code )
than one position, he shall not be eligible for all unless he cancels all and D. Solicited, received or made any contribution prohibited under this Code
retains one E. Violated any of the following sections: Section 80, 83, 85,86,261
3. The certificate of candidacy shall be filed by the candidate personally or by his
duly authorized representative.
4. Upon filing, an individual becomes a candidate, he is already covered by
rules, restrictions and processes involving candidates.

Grounds for disqualification

1. Election offenses under Sec 68 of the Omnibus Election Code (OEC)


2. Not possessing qualifications and possessing disqualifications under the Local
Government Code
2.1 Sentenced by final judgment for an offense involving moral turpitude or for
an offense punishable by one year or more of imprisonment within two
years after serving sentence
2.2 Removed from office as a result of an administrative case
2.3 Convicted by final judgment for violating the oath of allegiance to the
Republic
2.4 Dual citizenship ( more specifically, dual allegiance)
2.5 Fugitives from justice in criminal or non-political cases here or abroad
2.6 Permanent residents in a foreign country or those who have acquired the
right to reside abroad and continue to avail of the same right
2.7 Insane or feeble-minded
3. Nuisance candidate
4. Violation of sec 73 of OEC with regard to certificate of candidacy
5. Violation of sec 78 which is material misrepresentation of reqts under sec. 74

* Disqualifications (from continuing as a candidate or from holding the office if


already elected):
Any candidate, who in an action or protest in which he is a party is
declared by final decision of a competent court guilty of, or is found by the
Commission of having:

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Petition to deny due course to or to cancel a certificate of candidacy
F. Permanent resident of or an immigrant to a foreign country shall not be
qualified to run for any elective office UNLESS he/she has waived his/her A. Exclusive ground: A material representation in the certificate of candidacy is
status as a permanent resident/immigrant of a foreign country in false.
accordance with the residence requirement provided for under election B. The petition should be filed not later than 25 days from the filing of the
laws. certificate of candidacy.
C. It should be decided not later than 15 days before the election, after due notice
Effect of a Disqualification case (under RA 6646) and hearing.

A. Any candidate who has been declared by final judgment to be disqualified


shall NOT be voted for. The votes cast in his favor shall not be counted. Election Campaign/Partisan Political Activity
B. If the candidate is not disqualified by final judgment before the election and
receives the highest number of votes in the election, the court or COMELEC Definition
will continue with the trial and hearing of the action, inquiry or protest. Upon 1) It refers to an act designed to promote the election or defeat of a
motion of the complainant or intervenor, the court or COMELEC may order the particular candidate/s to a public office
suspension of the proclamation of the candidate whenever the evidence of his
guilt is strong. 2) It includes:
A. Forming organizations, associations, clubs, committees or other
Nuisance candidates groups of persons for the purpose of soliciting votes and/or
undertaking any campaign for or against a candidate.
A. The term refers to candidates who have no bona fide intention to run for the B. Holding political caucuses, conferences, meetings, rallies,
office for which the certificate of candidacy has been filed and would thus parades or other similar assemblies for the purpose of soliciting
prevent a faithful determination of the true will of the people. votes and/or undertaking any campaign or propaganda for or
against a candidate.
B. Power of COMELEC C. Making speeches, announcements or commentaries or holding
1. May refuse to give due course to or cancel a certificate of candidacy of interviews for or against the election of any candidate for public
a nuisance candidate. This can be done motu proprio or upon verified office.
petition of an interested party.
D. Publishing or distributing campaign literature or materials
2.There should be a showing that: designed to support or oppose the election of any candidate.
A. Certificate of candidacy has been filed to put the election E. Directly or indirectly soliciting votes, pledges or support for or
process in mockery/disrepute or against a candidate.
B. To cause confusion among the voters by the similarity of the
names of the registered candidates 3) When the acts enumerated above are NOT considered an election
C. Other circumstances which clearly demonstrate that the campaign/partisan political activity
candidate has no bona fide intention to run for the office….

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If the acts are performed for the purpose of enhancing the chances of
aspirants for nomination for candidacy to a public office by a political party, Authorized Expenses ( multiplied with the total number of registered voters )
aggroupment, or coalition of parties.  P 10 for president / vice president
 P 3 for other candidates for every voter currently registered in the
constituency
RA 9006 – FAIR ELECTION ACT  P 5 for independent candidates and political parties

Important Features:
1) Repeal of Sec. 67 of the OEC – Now, any ELECTIVE official, whether national Voters
or local, running for any office other than
the one which he is holding in a permanent Qualifications
capacity shall not be considered ipso facto
resigned from his office upon the filing of his  Age: 18 years old and over.
certificate of candidacy.  Residence
1. He /she should have resided in the Philippines for
2) Lifting of the Political Ad Ban – Written and Printed Materials (8.5” W x 14L”) one year and
Letters 2. Resided in the city/municipality wherein he proposes
Posters (2’ x 3’) in common-private poster to vote for at least 6 months immediately preceding the
areas election.
( not more than 10 public places per political
party or independent candidate, 12’ 16’), Residence Requirement
private places and public places
Rally streamers (3’ x 8’) NOT MORE THAN 2 If the transfer of residence is due to any of the following reasons, the
Paid Advertisements at Discounted Rates person concerned will be deemed NOT to have lost his original residence:
Print : 1/4th page in broadsheet and ½ page
in tabloid 3x a week A. Transfer solely because of occupation, profession, employment in private or
Television: 120 minutes for candidate for public service
nationally elective office and 60 for local B. Educational activities
Radio: 180 minutes for candidate for C. Work in military or naval reservations
nationally elective office and 90 for local D. Service in the army, navy or air force, national police force
COMELEC free space (3 national E. Confinement/detention in government institutions in accordance with law.
newspaper for nationally elective officials
and 1 national newspaper for local) and * RA 8189 – VOTER”S REGISTRATION ACT OF 1996
airtime Q: Can there still be general registration of voters?
(3 national television networks for nationally A: No more, because 8189 (7) provides for such only for the May ’98 elections
elective officials and 1 station for local ) :
equal allocation for all candidates for 3 Q: What kind of registration system do we have?
calendar days

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A: Continuing, Computerized and Permanent  Exclusion/ Inclusion
 Cancellation of Registration in case of Death
Disqualifications  New voters
 Annulment of Book of Voters
A. If sentenced by final judgment to suffer imprisonment for not less than 1 year  Transfer of Residence
and such disability was not removed by plenary pardon or has not been
granted amnesty. However, any person disqualified to vote shall automatically
reacquire the right to vote upon expiration of 5 years after service of sentence. How is challenge to right to register effected?
Who – any voter, candidate, political party representative
B. Any person who has been adjudged by final judgment by competent court or How – in writing, stating grnds, under oath, proof of notice of hearing
tribunal of having committed any crime involving disloyalty to the duly
constituted government such as rebellion or any crime against national Deactivation means removing the registration records of persons from the
security: precinct book of voters and place the same, properly marked and dated in
1. UNLESS restored to his full civil and political rights in accordance with indelible ink, in the inactive file after entering the cause of deactivation.
law.
2. However, he shall regain his right to vote automatically upon expiration How is reactivation of registration effected ?
of 5 years after service of sentence. Sworn application for reactivation
Affidavit
C. Insane or incompetent persons as declared by competent authority. Not later than 120 days before regular election and 90 days before special
election
Jurisdiction in Inclusion/Exclusion cases
Annulment of Book of Voters is through verified petition; notice and hearing; not
A. The municipal and metropolitan trial courts shall have original and exclusive prepared in accordance with law or prepared through fraud, bribery, forgery,
jurisdiction over all matters of inclusion and exclusion of voters from the list in impersonation, intimidation, force, any similar irregularity or which contains data
their respective municipalities or cities. Petition filed at any time except 105 that are statistically improbable
days before regular election or 75 days before special election Cannot be done within 90 days before election
B. Decisions may be appealed to the RTC within 5 days from receipt of notice of
decision. Postponement of Election
C. RTC will decide the appeal within 10 days. Decision is final and executory. Causes
D. Note: Relate this to Article IX of the Constitution which provides that the
COMELEC has no jurisdiction over questions involving the right to vote.
 Violence
E. Exclusion is through sworn petition and not later than 100 days before regular
election; 65 days before special election  Terrorism
 Loss or destruction of election paraphernalia/records
Grounds when the List of Voters will be altered:  Force majeure
 Other analogous causes
 Deactivation/ Reactivation

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Effect AND the failure or suspension of the election would affect the result of the
It is impossible to hold a free, orderly and honest election in any political election
subdivision
Remedy
COMELEC can postpone the election (when decided by a majority vote of the COMELEC can call for the holding or continuation of the election not held,
COMELEC sitting en banc, RA 7166): suspended, or which resulted in a failure to elect. The election should be held not
A. Motu proprio later than 30 days after the cessation of the cause of the postponement or
B. Upon a verified petition by any interested party, after due notice and suspension of the election or failure to elect. This is decided by the COMELEC, by
hearing a majority vote of its members, sitting en banc.

Date of new election


The date of the postponed election should be reasonably close to the date RA 7941 – Party-List System Act
of the election not held, suspended, or which resulted in a failure to elect. It
should not be later than 30 days after the cessation of the cause for such  Seeks to promote proportional representation
postponement or suspension of the election or failure to elect.
 Any party already registered need not register anew. File manifestation not
Failure of Election later than 90 days before election.

Causes Grounds for refusing or canceling registration of Party-Lists groups


a. Religious sect or denomination, organization
 Force majeure b. Advocates violence
 Violence c. Foreign party or organization
 Terrorism d. Receives foreign support
 Fraud e. Violates election law
 Other analogous causes f. Untruthful statements in its petition
g. Ceased to exist for at least one year
Under RA 7166, the causes for the declaration of the failure of election h. Failed to participate in the last two preceding elections or fails to obtain at
may occur before or after the casting of votes or on the day of the election. least 2% of the votes cast under the party-list system in the 2 preceding
elections for the constituency in which it has registered

Effects of above causes Nomination of party-list reps should not include any candidate for any elective
A. Election in any polling place was not held on the date fixed; office or a person who has lost his bid for an elective office in the immediately
B. Election was suspended before the hour fixed by law for the closing of the preceding election
voting
C. Elections results in a failure to elect (after the voting and during the preparation Incumbent sectoral representatives in the House of Representatives who are
and transmission of the election returns or in the custody or canvass thereof) nominated in the party-list system shall not be considered resigned

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Party List Reps constitute 20% of the total number of the members of the raised by any candidate or by any registered political party or coalition of
House of Reps including those under the party-list political parties before the board or directly with the COMELEC.

How do we determine the number of party list seats in the House of Reps? B. It would also refer to any matter raised under Sections 233, 234,
235, and 236 of the Omnibus Election Code in relation to the preparation,
(# of District Reps / 0.80) x 0.20 = # of party list reps transmission, receipt, custody, and appreciation of the election returns.
(Board of canvassers have original jurisdiction while COMELEC have
• There are presently 208 legislative districts, according to the Veterans appellate jurisdiction)
Federation Case 1. When election returns are delayed, lost or destroyed (Sec.233)
• The 5 major political parties are now entitled to participate in the party list 2. Material defects in the election returns (Sec. 234)
system 3. When election returns appear to be tampered with or falsified.
• Parties receiving at least 2% of the total votes cast for the party-list system (Sec. 235)
shall be entitled to one seat each 4. Discrepancies in election returns (Sec. 236)
• No party shall be entitled to more than 3 seats
• Currently, there are 260 seats. So 20 % of 260 is 52 seats. But this is only a C. Those that can be filed with COMELEC directly are the ff:
ceiling.  Issue involves the illegal composition or proceedings of the board
of canvassers, as when a majority or all of the members do not hold
legal appointments or are in fact usurpers
 Issue involves the correction of manifest errors in the tabulation or
• A list with 5 names should be submitted to COMELEC as to who will represent tallying
the party in the Congress. Ranking in the list submitted determines who shall of the results during the canvassing
represent party or organization.
Recount
Rules for Appreciation of Ballots There can be a recount under the grounds of 234-236. The returns involved will
affect the results and the integrity of the ballot box has been preserved
 Liberal Construction in favor of the validity of the ballot
Issues that may be raised in a pre-proclamation controversy
 Look at the ticket slate, consider locality or literacy rate
A. Illegal composition or proceedings of the board of canvassers
 Rule 211 of the OEC B. The canvassed election returns are incomplete, contain material defects,
 Incumbency / Surname appear to be tampered with or falsified, or contain discrepancies in the
 Cannot ascertain – STRAY VOTE same returns or in authentic copies thereof.
C. The election returns were prepared under duress, threats, coercion, or
Pre-Proclamation Controversies intimidation, or they are obviously manufactured, or not authentic.
D. When substitute or fraudulent returns in controverted polling places were
Definition canvassed, the results of which materially affected the standing of the
A. A pre-proclamation controversy refers to any question pertaining to aggrieved candidate/s.
or affecting the proceedings of the board of canvassers which may be

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Procedure BUT: Questions affecting the composition or proceedings of the board of
canvassers may be initiated in the board or directly with COMELEC.
A. Contested composition or proceedings of the board (under RA 7166)
When pre-proclamation cases are deemed TERMINATED (RA 7166)
It may be initiated in the board or directly with COMELEC.
A. All pre-proclamation cases pending before the COMELEC shall be deemed
B. Contested election returns (under RA 7166) terminated at the beginning of the term of the office involved and the rulings of
the boards of canvassers concerned deemed affirmed.
Matters relating to the preparation, transmission, receipt, custody and
appreciation of the election returns, and certificate of canvass, should be brought B. This is without prejudice to the filing of a regular election protest by the
in the first instance before the board of canvassers only. aggrieved party.

Summary nature of pre-proclamation controversy C. HOWEVER: Proceedings MAY CONTINUE if:


1. The COMELEC determines that the petition is meritorious and issues
A. Pre-proclamation controversies shall be heard summarily by the COMELEC. an order for the proceedings to continue or
B. Its decision shall be executory after the lapse of 5 days from receipt by the 2. The Supreme Court issues an order for the proceedings to continue in
losing party of the decision, unless restrained by the SC. a petition for certiorari.

Effect of filing petition to annul or suspend proclamation

It suspends the running of the period within which to file an election protest
or quo warranto proceedings.

When not allowed


Pre-proclamation cases on matters relating to the preparation,
transmission, receipt, custody and appreciation of the election returns or the
certificates of canvass NOT allowed in elections for: (under RA 7166)
 President
 Vice-President
 Senator
 Member of the House of Representatives

BUT: The appropriate canvassing body motu propio or upon written complaint of
an interested person can correct manifest errors in the certificate of canvass or
election returns before it.

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B. It does NOT preclude a special civil action of certiorari. (Galido v.
Election Contest COMELEC, Jan. 18,1991)

Original Jurisdiction Distinctions between Pre-Proclamation Controversy and Election Contest

COMELEC has ORIGINAL jurisdiction over contests relating to the 1) Dividing line: Proclamation of a candidate
elections, returns, qualifications of all elective: 2) Jurisdiction
 Regional A. Pre-proclamation controversy
 Provincial 1.The jurisdiction of COMELEC is administrative/quasi-judicial
 City officials 2.It is governed by the requirements of administrative due process
B. Election contest
1.The jurisdiction of COMELEC is judicial
Appellate Jurisdiction 2.It is governed by the requirements of judicial process
3) In some cases, even if the case (involving municipal officials) began with the
COMELEC has APPELLATE jurisdiction over all contests involving: COMELEC before proclamation but a proclamation is made before the
A. Elective MUNICIPAL officials decided by trial courts of GENERAL controversy is resolved, it ceases to be a pre-proclamation controversy and
jurisdiction becomes an election contest cognizable by the RTC.
B. Elective BARANGAY officials decided by trial courts of LIMITED 4) However, in some cases, the SC has recognized the jurisdiction of
jurisdiction COMELEC over municipal cases even after proclamation. Relate to the
provision in RA 7166 allowing pre-proclamation controversy proceedings to
Who can file a petition contesting the election continue even after a proclamation has been made.

Any candidate who has duly filed a certificate of candidacy and has been
voted for the same office

Purpose of an election contest

The defeated candidate seeks to outs the proclaimed winner and claims
the seat.

Final COMELEC Decisions


Provision that decisions, final orders, rulings of the Commission on
election contests involving municipal and barangay offices are final, executory
and not appealable:
A. This only applies to questions of FACT. ( Flores v. COMELEC, 184
SCRA 484)

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A. Who can be held liable
Election Offenses ( Selected Offenses) 1. public officer
2. officer of a public/private corporation/association
Vote buying and vote-selling 3. heads/superior/administrator of any religious org.
A. Covered acts 4. employer/landowner
1.Give, offer or promise money or anything of value
2. Making or offer to make any expenditure, directly or indirectly, or cause B. Prohibited acts
an expenditure to be made to any person, association, corporation, 1. Coercing, intimidating or compelling or influencing, in any manner, any
entity or community subordinates, members, parishioners or employees or house helpers,
3.Soliciting or receiving, directly or indirectly, any expenditure or promise tenants, overseers, farm helpers, tillers or lease holders to aid,
of any office or employment, public or private campaign or vote for or against a candidate or aspirant for the
B. Purpose of acts nomination or selection of candidates.
1. To induce anyone or the public in general to vote for or against any 2. Dismissing or threatening to dismiss, punishing or threatening to
candidate or withhold his vote in the election or punish by reducing salary, wage or compensation or by demotion,
2. To vote for or against any aspirant for the nomination or choice of a transfer, suspension etc.
candidate in a convention or similar selection
C. Under RA 6646 (Prosecution of vote-buying/selling) Appointment of new employees, creation of new position, promotion or
1. Presentation of a complaint supported by affidavits of complaining giving salary increases
witnesses attesting to the offer or promise by or the voters acceptance
of money or other consideration from the relatives, leaders or A. Who can be held liable: Any head/official/appointing officer of a government
sympathizers of a candidate is sufficient basis for an investigation by office, agency or instrumentality, whether national or local, including GOCCs.
the COMELEC,directly or through its duly authorized legal officers.
2. Disputable presumption of conspiracy: B. Prohibited acts
Proof that at least one voter in different precincts representing at least 1.Appointing or hiring a new employee (provisional, temporary or casual)
20% of the total precincts in any municipality, city or province has been 2.Creating or filling any new position
offered, promised or given money, valuable consideration or other 3.Promoting/giving an increase in salary, remuneration or privilege to any
expenditure by a candidate relatives, leaders and/or sympathizsrs for government official or employee.
the purpose of promoting the election of such candidate.
3. Disputable presumption of involvement C. Period when acts are prohibited
Proof affects at least 20% of the precincts of the municipality, city or 1. 45 days before a regular election
province to which the public office aspired for by the favored candidate 2. 30 days before a special election
relates. This will constitute a disputable presumption of the involvement
of such candidate and of his principal campaign managers in each of D. Exceptions
the municipalities concerned in the conspiracy 1. Upon prior authority of COMELEC if it is satisfied that the position to
be filled is essential to the proper functioning of the office/agency
concerned AND that the position is not filled in a manner that may
Coercion of a subordinate influence the election

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2. In case of urgent need, a new employee may be appointed. Notice of
appointment should be given to COMELEC within 3 days from In relation to registration of voters/voting
appointment.  Unjustifiable refusal to register and vote
 Voting more than once in the same election/voting when not a registered voter
Prohibition against release, disbursement or expenditure of public funds  Voting in substitution for another with or without the latters’ knowledge and/or
consent etc.
A. Who can be held liable: Any public official or employee including barangay
officials and those of GOCCs/subsidiaries Other election offenses under RA 6646

B. Prohibited acts: A. Causing the printing of official ballots and election returns by printing
The release, disbursement or expenditure of public funds for any and establishments not on contract with COMELEC and printing establishments
other kinds of public works which undertakes unauthorized printing
B. Tampering, increasing or decreasing the votes received by a candidate or
C. Period when acts are prohibited: refusing after proper verification and hearing to credit the correct votes or
1. 45 days before a regular election deduct the tampered votes (committed by a member of the board of election
2. 30 days before a special election inspectors)
C. Refusing to issue the certificate of voters to the duly accredited watchers
D. Exception (committed by a member of the BEI)
1. maintenance of existing/completed public works project. D. Person who violated provisions against prohibited forms of election
2. work undertaken by contract through public bidding, or by negotiated propaganda
contract awarded before the 45 day period before election E. Failure to give notice of meetings to other members of the board, candidate or
3. payment for the usual cooperation for working drawings, specfications political party (committed by the Chairman of the board of canvassers)
and other procedures preparatory to actual construction including the F. A person who has been declared a nuisance candidate or is otherwise
purchase of material and equipment and incidental expenses for disqualified who continues to misrepresent himself as a candidate (Ex. by
wages. continuing to campaign) and any public officer or private individual who
4. Emergency work necessitated by the occurrence of a public calamity knowingly induces or abets such misrepresentation by commission or
but such work shall be limited to the restoration of the damaged facility. omission.
5. Ongoing public work projects commenced before the campaign period G. If the chairman of the BEI fails to affix his signature at the back of the official
or similar projects under foreign agreements. ballot, in the presence of the voter, before delivering the ballot to the voter.
(under RA 7166)
Suspension of elective, provincial, city, municipal or barangay officer
Prescription of Election Offenses
A. General rule: public official CANNOT suspend any of the officers enumerated 1. Election offenses shall prescribe after 5 years from the date of their
above during the election period. commission
B. Exceptions 2. If the discovery of the offense is made in an election contest proceeding, the
1. With prior approval of COMELEC period of prescription shall commence on the date on which the judgment in
2. Suspension is for the purpose of applying the Anti-Graft and Corrupt such proceedings becomes final and executory
Practices Act

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Jurisdiction of courts
A. RTC has exclusive original jurisdiction to try and decide any criminal action or
proceedings for violation of the Code.
B. MTC/MCTC have jurisdiction over offenses relating to failure to register or
vote.

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